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Neigbours extension causing concerns
17-06-2012, 04:54 PM
Post: #1
Neigbours extension causing concerns
Hi, looking for a little advice and reassurance!

Have lived in current house for 4 years, it's a semi and the other half changed hands last year.

New neighbour promptly guts house, relocates bathroom from side of property to rear. Digs deep holes in garden for sewerage but doesn't fill holes in. Moves into home in November.

January applies for planning for two storey side extension, single back extension and front porch. This would take it from 3 beds to 5 beds! Planners refuse but give permission on second application on scaled down side extension with only an a increase to 4 beds.

He started 'official' work in April just after receiving permission however had dug front porch foundations before Christmas along with making the 'sewer' holes out the back into bigger foundation shaped holes!

Now my problem. His rear foundations are several feet below my land and right against my fence which is approx a foot from my conservatory. Yesterday I noticed that in fence is leaning and on inspecting it I discover it's floating! as the land my side has started to fall into his excavations. This is happening along about ten foot of the fence starting at the house. He has tied rope to the fence to try to hold it up right but it's not working.

Looking down from an above window I can see gaps appearing in the lead flashing of my conservatory on that side so am worried that his deep excavations, which have been open for some nine months, are damaging my property.

First step will be to speak with him but what should I be asking he do? Do I need a surveyor to check there is no damage?

Also the front porch he's built was supposed to be a lean to roof but he's built it as a ridge roof and water is now pouring onto my house and land. I've spoken to him about this and he plans to put guttering up 'sometime'.

Can he just change his plans like this?

Sorry for long post and ramblingness! Confused
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18-06-2012, 11:14 AM (This post was last modified: 18-06-2012 11:26 PM by amapws.)
Post: #2
RE: Neigbours extension causing concerns
If excavations are within 3m and below the level of your foundations they should have served notice under the party wall act .
However more importantly . If the excavation is now left open for 9 months alongside your property there is the possibility of collpase of your property into the excavations . You need to get advice from an Structural engineer ASAP and a Party Wall Surveyor , also inform your insurers of the situation and send a letter to your neighbours .
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18-06-2012, 08:54 PM
Post: #3
RE: Neigbours extension causing concerns
Just to add to the above advice, the water pouring into your garden is keeping you and your family awake at night, this has knock on effects. Your doctor should be made aware of this and then go see a solicitor. This is a scenario for falling out with your neighbour bu remind him of this when you next speak. You have already patiently put up with his unfinished work , now causing problems to your property. Be more firm with your neighbour but not confronational.
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19-06-2012, 10:31 PM
Post: #4
RE: Neigbours extension causing concerns
Thanks for the advice guys Biggrin

We moved to our new home after neighbor issues Sad so can really do with out this being unpleasant.

Hubby spoke with the bloke as he's actually doing the work himself, he's a bit of a mouthy been there done it all type. Anyways he's not sure when he'll be able to fill in as he's got 'issues' with building regs already LOL

He also has issues with water board as he hadn't applied for permission to alter the sewers and he hasn't paid them so they won't sign off on the work. LOL

Hubby was sympathetic but asked he address issues with rear fence and our vanishing garden and then retreated. We're working on the basis that he's already having building regs issues so we may as well step back from dealing with neighbor and go to to building regs if he doesn't address our issues, after all he's already fallen out with them why fall out with us as well.
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20-06-2012, 09:50 AM
Post: #5
RE: Neigbours extension causing concerns
I agree that the Party Wall etc. Act should apply, and your neighbour obviously has not notified you.

Seek the advice of a Surveyor immediately. If you're property is being significatly affected in the way you suggest then the work next door needs to be stop immediately and possibly temporary support of your property needs to be undertaken.

If your neighbour refuses to stop work, then you can apply for a County Court injunction to enforce this. Once works are stopped your neighbour should then issue Party Wall notification, for which you will have a number of options. One such option will be that you dissent (do not agree) with the works and in which case you have the option to appoint your own surveyor, who's 'reasonable fees' must be met by your neighbour.

Your surveyor will then work with your neighbour's surveyor and agree a Party Wall Award which will include details about how the works should be completed and what should be done to rectify any damage. The award will be agreed before works re-commence and will give you the comfort of knowing that the works will be completed appropriately and if any damage is caused it will be dealt with.

There is an option for your to select an 'Agreed' surveyor, who will act impartially for you and your neighbour, however when I have been called in, in situation like this I often found that relationships between neighbours had become soured and they wanted to appoint seperate surveyors.

I would advise you to contact a surveyor immediately who deals with Party Wall issues, who will go through the procedure with you and hopefully explain the above in more detail.

I hope this helps and good luck.
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21-06-2012, 02:45 PM
Post: #6
RE: Neigbours extension causing concerns
Have you spoken to anyone yet? I would recommend speaking to a Surveyor, let the experts deal with this.

Regards


Simon
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